Smoke-Free Schools Act of 2019
This bill prohibits the use of any tobacco product (e.g., electronic nicotine delivery systems such as e-cigarettes) in an indoor facility that is regularly used for children's services, including health care, day care, early development, education, or library services. Current law prohibits smoking in such facilities.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1832 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1832
To protect and educate children about the dangers of e-cigarettes and
other electronic nicotine delivery systems, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 13, 2019
Mr. Udall (for himself and Mr. Romney) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To protect and educate children about the dangers of e-cigarettes and
other electronic nicotine delivery systems, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smoke-Free Schools Act of 2019''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The use of tobacco among young students remains a
serious health concern, with more than 1 in every 4 high school
students, and approximately 1 in every 14 middle school
students, reporting recently using a tobacco product.
(2) Roughly 95 percent of smokers will start smoking before
they are 21 years of age, with more than 90 percent of adult
smokers reporting having started when they were teens.
(3) E-cigarettes and other electronic nicotine delivery
systems (commonly referred to as ``ENDS'') entered the market
in 2006 and, by 2014, became the most commonly used and popular
tobacco products among middle school and high school students.
(4) The use of electronic nicotine delivery systems,
including e-cigarettes, continues to rise, with the Centers for
Disease Control and Prevention and the Food and Drug
Administration having recorded a 78-percent increase in e-
cigarette use among high school students and a 48-percent
increase in e-cigarette use among middle school students from
2017 to 2018.
(5) The most recent data finds that 3,620,000 middle school
and high school students were current e-cigarette users in
2018, an increase of 1,500,000 students in just one year.
(6) Despite a 2018 National Academies of Sciences,
Engineering, and Medicine report that found e-cigarette aerosol
contained fewer toxicants than combusted cigarette smoke, e-
cigarettes present unique health concerns for middle school and
high school students.
(7) Electronic nicotine delivery systems, including e-
cigarettes, can contain nicotine, a drug the Surgeon General
has determined is highly addictive and can be harmful to the
development of the adolescent brain.
(8) Congress has a major policy-setting role in ensuring
that the use of tobacco products among minors is discouraged to
the maximum extent possible.
(9) Additionally, local educational agencies should be
given greater flexibility to target specific funding to efforts
aimed at eradicating the problem of the use of electronic
nicotine delivery systems, including e-cigarettes, as such use
affects student health, productivity, safety, and outcomes and
impedes a distraction-free learning environment.
SEC. 3. PROHIBITION OF ELECTRONICALLY DELIVERED NICOTINE SYSTEMS IN
SCHOOLS.
(a) Prohibition.--The Pro-Children Act of 2001 (20 U.S.C. 7971 et
seq.) is amended--
(1) in section 8572 (20 U.S.C. 7972), by adding at the end
the following:
``(6) Tobacco product.--The term `tobacco product' means a
tobacco product within the meaning of the term under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.).''; and
(2) in section 8573 (20 U.S.C. 7973)--
(A) in subsection (a), by striking ``smoking'' and
inserting ``the use of any tobacco product'';
(B) in subsection (b)(1), by striking ``smoking''
and inserting ``the use of any tobacco product'';
(C) in subsection (c)--
(i) in paragraph (1), by striking
``smoking'' and inserting ``the use of any
tobacco product''; and
(ii) in paragraph (2)(A), by striking
``smoking'' and inserting ``the use of any
tobacco product''; and
(D) in subsection (d)--
(i) by striking ``Notice.--The'' and
inserting the following: ``Notice.--
``(1) In general.--Except as provided in paragraph (2),
the''; and
(ii) by adding at the end the following:
``(2) Rule for tobacco products.--Any prohibition under
subsections (a) through (c) regarding a tobacco product that
was not already prohibited, as such section was in effect on
the day before the date of enactment of the Smoke-Free Schools
Act of 2019, shall be effective 30 days after the date of
enactment of such Act.''.
(b) Conforming Amendments.--The Pro-Children Act of 2001 (20 U.S.C.
7971 et seq.) is amended--
(1) in section 8571 (20 U.S.C. 7971), by striking ``part''
and inserting ``subpart'';
(2) in section 8572 (20 U.S.C. 7972)--
(A) in the matter preceding paragraph (1), by
striking ``part'' and inserting ``subpart''; and
(B) in paragraph (2)(B), by striking ``part'' and
inserting ``subpart''; and
(3) in section 8574 (20 U.S.C. 7974), by striking ``part''
each place the term appears and inserting ``subpart''.
(c) Repeal.--The Pro-Children Act of 1994 (20 U.S.C. 6081 et seq.)
is repealed.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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